Docstoc

pb-packet-10mar09

Document Sample
pb-packet-10mar09 Powered By Docstoc
					                                                             Document last changed: 3/5/2010 9:12 AM




PLANNING BOARD                                                              PLANNING BOARD

FORREST MIDGETTE                                                            JOE KOVACS
Chairman                      Currituck County                              FANNIE NEWBERN
MANLY WEST                                                                  SUSAN TAYLOR
Vice-Chairman              Planning Board Agenda                            LYNNE WILSON
JIM CLARK               Historic Currituck County Courthouse                JOHN WRIGHT
WILLIAM ETHERIDGE
                          Tuesday, March 09, 2010, 7:00 PM

Work Session
6:30 p.m.

7:00 p.m.     Call to Order
              Pledge of Allegiance and Moment of Silence

Item 1        Approval of Agenda

Item 2        Approval of Last Meeting Minutes

              PLEASE LIMIT PUBLIC COMMENTS TO THREE MINUTES

              NEW BUSINESS:

Item 3        PB 10-04 Outer Banks Harley-Davidson: Request for a special use
              permit to allow special events (Outer Banks Bike Week and Outer Banks
              Bike Fest) located at 8739 Caratoke Highway, Tax Map 131, Parcel 88,
              Poplar Branch Township.

Item 4        PB 10-05 Corolla Jeep Rentals & Tours: Request for a special use
              permit for an outdoor tour operator located at 1070 Ocean Trail, Tax Map
              115B, Parcel P4B2, Poplar Branch Township.

Item 5        PB 10-06 Corolla Outback: Request for a special use permit for an
              outdoor tour operator located at 1148 Ocean Trail, Tax Map 114, Parcel
              42A, Poplar Branch Township.

Item 6        PB 10-07 The Inn at Corolla Light: Request for a special use permit for
              an outdoor tour operator located at 1066 Ocean Trail, Tax Map 115B,
              Parcel P4B3, Poplar Branch Township.

Item 7        PB 10-09 Heirs of Olie Ballance: Request to establish a Residential
              Multi-Family (RMF) overlay zoning for 12.8 acres located on Bells Island
              Road, approximately 875 east of Caratoke Highway, Tax Map 58, Parcel
              11, Crawford Township.



                                           1
                                                        Document last changed: 3/5/2010 9:12 AM




Item 8    PB 09-28 Maple Commerce Park: Request for a Preliminary Plat/Special
          Use Permit for an 11 lot commercial subdivision located at 204 Airport
          Road, adjacent to the Currituck County Airport, Tax Map 52, Parcel 14A,
          Crawford Township.

Item 9    PB 10-10 Currituck Chamber of Commerce: Request to amend the
          Unified Development Ordinance, Chapter 4: Overlay Districts to allow the
          display of sandwich board and real estate signs in Corolla year round.

Item 10   PB 10-12 Currituck County: Request to amend the Unified Development
          Ordinance, Chapter 2: Zoning Districts and Chapter 17: Definitions to
          clarify how Roadside Markets are defined and regulated in Currituck
          County.

Adjourn




                                       2
                CASE ANALYSIS FOR THE
                   PLANNING BOARD
                  DATE: March 9, 2010
 PB 10-04 Outer Banks Harley Davidson Special Use Permit
ITEM:             PB 10-04 Outer Banks Harley Davidson Special Use Permit
                  request for two special events, Outer Banks Bike Week, April 18-
                  25, 2010, and Outer Banks Bike Fest, October 1-3, 2010.

LOCATION:         8739 Caratoke Highway, Harbinger (existing Harley Davidson
                  dealership).

TAX ID:           0131-000-0088-0000

ZONING
DISTRICT:         General Business (GB)

PRESENT USE:      Motorcycle Retail

OWNER:            MDS Investment LLC
                  % Maurice Slaughter
                  2211 Frederick Blvd
                  Portsmouth VA 23704

APPLICANT:        Same

LAND USE/ZONING OF SURROUNDING PROPERTY:
            Land Use                                                Zoning
NORTH:      Residential                                             GB
SOUTH       Residential                                             GB
EAST:       Residential                                             GB
WEST:       Post Office                                             GB

LAND USE PLAN
CLASSIFICATION:    The 2006 Land Use Plan classifies the site as Limited Service
                   within the Point Harbor subarea.

SIZE OF SITE:      3.2 acres

UTILITIES:         The business is served by county water and an on-site septic
                   system. Port-a-johns are proposed for the special events.




                                                                       PB 10-04 OBX HD
                                                                                   SUP
                                                                            Page 1 of 14

                                        3
I. NARRATIVE OF REQUEST:
   • The applicant is seeing approval for two special events. The first event is Outer
     Banks Bike Week, April 18-25, 2010, and the second event is Outer Banks Bike
     Fest, October 1-3, 2010.
   • The Outer Banks Harley-Davidson in Harbinger is the hub for all Bike Week
     activities. The facility is utilized to house additional vendors, live music, and
     serve as the starting point for poker runs and scenic tours.
   • This is the 8th year for Outer Banks Bike Week and attendance has grown each
     year, with last year’s attendance reaching over 10,000 attendees.
   • Guided tours are proposed around the sound, to Corolla, and to Knotts Island via
     the ferry.

II. Special UDO requirements for special events (Section 3.10.4)
    1. The amount of noise generated shall not disrupt the activities of adjacent land
       uses.
    2. The applicants shall guarantee that all litter generated by the special event be
       removed at no expense to the county.
    3. Parking generated by the event shall be accommodated without undue disruption
       to or interference with the normal flow of traffic or with the right of adjacent and
       surrounding property owners to the beneficial use and enjoyment of their
       property.
    4. In cases where it is deemed necessary, the board may require the applicant to
       post a bond to ensure compliance with the conditions of the special use permit.
    5. If the permit applicant requests the county to provide extraordinary services or
       equipment or if the county otherwise determines that extraordinary services or
       equipment should be provided to protect the public health or safety, the applicant
       shall be required to pay to the county a fee sufficient to reimburse the county for
       the costs of these services. This requirement shall not apply if the event has
       been anticipated in the budget process and sufficient funds have been included
       in the budget to cover the costs incurred.

III. OUTSTANDING TECHNICAL REVIEW COMMITTEE COMMENTS:

   Currituck County Emergency Management, James Mims
   1. 2403.2 Approval required. Tents and membrane structures having an area in
      excess of 200 square feet (19 m2) and canopies in excess of 400 square feet (37
      m2) shall not be erected, operated or maintained for any purpose without first
      obtaining a permit and approval from the fire code official.

   Albemarle Regional Health Services (Joe Hobbs, 252-232-6603)
   1. Consult with the Health Department at (252)232-6603 Environmental Health
      Section concerning rules and regulations regarding temporary food events
   2. Event coordinator will need to fill out a coordinator’s application for a temporary
      food event at least two weeks prior to each event.


                                                                              PB 10-04 OBX HD
                                                                                          SUP
                                                                                   Page 2 of 14

                                            4
   3. Also, each food vendor will need to fill out a temporary food permit application at
      least two weeks prior to each event and a $75 Temporary Permit fee is required
      for profit food vendors.

   Currituck County Sheriff (Susan Johnson, 252-453-8204)
   1. Sheriff’s Office staff has advised that parking is an issue at this location after all
      of the vendors utilize the parking lot. This leaves vehicles and bikes parking
      alongside the road which creates a hazardous situation. Bikes and cars utilize
      the south bound shoulder and run across traffic to reach the event location.
   2. Recommend alternate parking location with possible shuttle to the store location
      or if possible, moving the vendors out of the parking area to sites around the side
      or back if property permits.
   3. The event itself has caused no issues with the exception of parking being
      minimal for the numbers attending the event. When the cars and bikes park
      along the road visibility in both directions from the parking lot is compromised.
   4. Parking on Church Road and East Mobile Road is always a problem and
      generates complaints every year. The residents have repeatedly requested that
      we block that portion of the roadway to parking.
   5. We have also had complaints from residents of not being able to leave their
      property from event traffic blocking their drives.

      NOTE: The existing building was required to provide 46 parking spaces. 102
      parking spaces were installed. The applicant is proposing satellite parking for
      customers at Harbinger Post Office and Mutiny Tattoo and has written
      permission from those property owners. The applicant also has written
      permission from Barrier Island OBX Vacation Station for satellite parking for
      employees.

      The applicant also stated that he will provide “No Parking” signs along Caratoke
      Highway and Church Road and towing will be enforced.

IV. QUESTION(S) BEFORE THE BOARD:

Special Use Permit Criteria and Staff Findings:

Special use permits (SUP) are intended to allow the Board of Commissioners flexibility
in the administration of the UDO. Through the SUP procedure, property uses which
would otherwise be considered undesirable in certain districts can be developed subject
to conditions of approval to minimize any negative effects they might have on
surrounding properties.




                                                                               PB 10-04 OBX HD
                                                                                           SUP
                                                                                    Page 3 of 14

                                             5
In order to approve a SUP, certain criteria must be satisfied. The criteria and suggested
findings of fact are outlined as follows:

1. Completeness of application.
   Suggested Findings:
   a. The application is complete.

2. The proposed use is among those listed in the Table of Permissible Uses as a
   special use indicated with an “S”.
   Suggested Findings:
   a. Special events are an allowable use within the General Business (GB) zoning
      district with a special use permit.

3. The conditions proposed meet or exceed the minimum requirements of this
   ordinance.
   Suggested Findings:
   a. The proposed plan meets the minimum requirements of the ordinance.

4. The special use will not endanger the public health or safety:
   Suggested Findings:
   a. The proposed events should have little impact on public health or safety with the
      proposed precautions in place (no parking signs in right-of-ways, private security
      (off-duty deputies), and satellite parking areas).

5. The special use will not injure the value of adjoining or abutting property and will be
   in harmony with the area in which it is located
   Suggested Findings:
   a. The Unified Development Ordinance indicates that special events are allowed in
       the GB zoning district with a special use permit.
   b. The special events will take place at an existing retail business.

6. The special use will be in conformity with the Land Use Plan or other officially
   adopted plan.
   Suggested Findings:
   a. The 2006 Land Use Plan classifies this site as Limited Service within the Point
      Harbor subarea. The policy emphasis is to allow portions of the Point Harbor
      area to continue to evolve as a full service community. The proposed use is in
      keeping with the policies of the plan, some of which are:

      POLICY ED1: New and expanding industries and businesses should be
      especially encouraged that: 1) diversify the local economy, 2) train and utilize a
      more highly skilled labor force, and 3) are compatible with the environmental
      quality and natural amenity based economy of Currituck County.




                                                                             PB 10-04 OBX HD
                                                                                         SUP
                                                                                  Page 4 of 14

                                            6
       POLICY ED4: In addition to the recruitment and expansion of major new
       industries, the considerable value of small business start-ups, expansions, and
       spin-offs shall also be recognized.

7. The special use will not exceed the county's ability to provide adequate public
   facilities, including, but not limited to, schools, fire and rescue, law enforcement, and
   other county facilities. Applicable state standards and guidelines shall be followed
   for determining when public facilities are adequate. Such facilities must be in place
   or programmed to be in place within two years after the initial approval of the plan
   (sketch plan in the case of major subdivisions).
   Suggested Findings:
   a. The county has adequate public facilities to service this use.

IV. STAFF RECOMMENDATION:
    A. The submittal does appear to meet all of the requirements for approval, so staff
       recommends approval of this special use permit subject to the findings of fact
       and TRC comments. It should be noted that this approval is valid only for the two
       events listed. Events held in subsequent years will require renewal of the special
       use permit.




                                                                              PB 10-04 OBX HD
                                                                                          SUP
                                                                                   Page 5 of 14

                                             7
    PB 10-04 OBX HD
                SUP
         Page 6 of 14

8
    PB 10-04 OBX HD
                SUP
         Page 7 of 14

9
     PB 10-04 OBX HD
                 SUP
          Page 8 of 14

10
     PB 10-04 OBX HD
                 SUP
          Page 9 of 14

11
     PB 10-04 OBX HD
                 SUP
         Page 10 of 14

12
                                                                 Currituck County
                                                                             Planning Department
                                                                               Post Office Box 70
                                                                 Currituck, North Carolina 27929
                                                                                    252-232-3055
                                                                               FAX 252-232-3026
TO:          Maurice Slaughter, Outer Banks Harley Davidson
             Kevin Johnson, Outer Banks Harley Davidson

FROM:        Tammy Glave, CZO
             Planner II

DATE:        February 11, 2010 (Updated 2/16/20 based on revised site plan)

SUBJECT:     Outer Banks Harley Davidson, Special Use Permit
             February 17, 2010 TRC Comments
             Post TRC Comments

The following comments have been received for the February 17, 2010 TRC meeting.
In order to be scheduled for the March 9, 2010 Planning Board meeting, please address
all comments and resubmit a corrected plan by 3:00 p.m. on February 22, 2010. TRC
comments are valid for six months from the date of the TRC meeting.

Zoning (Tammy Glave 252-232-6025):
Approved with corrections:
   1. All activity (including parking) must occur on the property and not in the right-of-
      way or property not owned by you. (Staff commentary: Revised site plan
      received 2/16/10.)
   2. The “Other Vendors” area including Dream Catchers, massage chairs, and
      models is shown within the stormwater retention area. Stormwater retention
      areas are to remain vacant. Please call out the accurate location for these
      activities. (Staff commentary: Revised site plan received 2/16/10).
  3. The original site plan approval was for three additional buildings. The existing
      building was required to have 46 parking spaces (approved at 1:400 instead of
      1:200), so there are extra parking spaces available at this time. Please note that
      drive aisles cannot be blocked. Magnolia Grill, Wilkes Food, and Black Pelican
      are shown within the drive aisle. (Staff commentary: Drive aisles will not be
      blocked. These vendors will be located in medians or in parking spaces.)
  4. Are you planning on over-flow parking? If so, please note the location for the
      over-flow parking. (Staff commentary: Revised comments received on February
      16th call out satellite parking. Satellite parking is proposed at Powells Point
      Baptist Church, Harbinger Post Office, Barrier Island’s OBX Vacation Station,
      Mutiny Tattoo, and Old Pots On Kitchen. Written permission is required from
      each property owner where satellite parking is proposed prior to use. Also,
      satellite parking must be within 300’ of your property to be used as customer
      parking. It appears that Harbinger Post Office and Mutiny Tattoo are the only
      listed locations within 300’ of your property. The other locations can be used for

                                                                                PB 10-04 OBX HD
                                                                                            SUP
                                                                                    Page 11 of 14

                                            13
      satellite parking for employees only. UDO Section 8.i. Written permission for
      satellite parking was obtained for the Outer Banks Bike Week in April. The
      applicant stated that satellite parking will not be required for the smaller Outer
      Banks Bike Fest in October.)
   5. According to Section 3.10.4 of the UDO, the following special requirements must
      be met:
         a. The amount of noise generated shall not disrupt the activities of adjacent
              land uses.
         b. The applicants shall guarantee that all litter generated by the special event
              be removed at no expense to the county.
         c. Parking generated by the event shall be accommodated without undue
              disruption to or interference with the normal flow of traffic or with the right
              of adjacent and surrounding property owners to the beneficial use and
              enjoyment of their property.
         d. In cases where it is deemed necessary, the board may require the
              applicant to post a bond to ensure compliance with the conditions of the
              special use permit.
         e. If the permit applicant requests the county to provide extraordinary
              services or equipment or if the county otherwise determines that
              extraordinary services or equipment should be provided to protect the
              public health or safety, the applicant shall be required to pay to the county
              a fee sufficient to reimburse the county for the costs of these services.
              This requirement shall not apply if the event has been anticipated in the
              budget process and sufficient funds have been included in the budget to
              cover the costs incurred.

Currituck County Emergency Management (James Mims, 252-232-4024)
Approved with comments:
   1. Drive aisles and structure egress must be clear at all times. In looking at the
      originally approved site plan, it appears that they are proposing a sound tent in
      the fire lane and port-a-johns in the fire apparatus road. It should also be noted
      that at a site visit it was noticed that there are currently storage facilities in the
      fire access as this time. (Staff commentary: Revised site plan indicated clear fire
      lane and access.)
   2. 2403.2 Approval required. Tents and membrane structures having an area in
      excess of 200 square feet (19 m2) and canopies in excess of 400 square feet (37
      m2) shall not be erected, operated or maintained for any purpose without first
      obtaining a permit and approval from the fire code official.

Information Technology (Harry Lee, 252-232-2034)
Reviewed without comment.

Currituck County Parks and Recreation (Jason Weeks, 252-232-3007)
Reviewed without comment.



                                                                               PB 10-04 OBX HD
                                                                                           SUP
                                                                                   Page 12 of 14

                                             14
Public Utilities (Pat Irwin, 252-232-2769)
Reviewed without comment.

County Engineer (Eric Weatherly, 252-232-6035)
Approved without comment.

NC Division of Coastal Management (Charlan Owens, 252-264-3901)
Reviewed without comment.

NCDENR Land Quality (Pat McClain, 252-946-6481)
Reviewed with comment:
  1. As best as can be determined by the plan, an erosion and sedimentation control
      plan shall not be required.

Albemarle Regional Health Services (Joe Hobbs, 252-232-6603)
Reviewed with comment:
   1. CONSULT WITH HEALTH DEPT. AT (252)232-6603 ENVIRONMENTAL HEALTH
      SECTION CONCERNING RULES AND REGULATIONS REGARDING
      TEMPORARY FOOD EVENTS. THANK YOU!
   2. EVENT COORDINATOR WILL NEED TO FILL OUT A COORDINATOR'S
      APPLICATION FOR A TEMPORARY FOOD EVENT AT LEAST 2 WEEKS PRIOR
      TO EACH EVENT.
   3. ALSO EACH FOOD VENDOR WILL NEED TO FILL OUT A TEMPORARY FOOD
      PERMIT APPLICATION AT LEAST 2 WEEKS PRIOR TO EACH EVENT AND A
      $75.00 TEMPORARY PERMIT FEE IS REQUIRED FOR PROFIT FOOD VENDERS.

NCDOT (Roger Ward, 252-331-4737)
Reviewed without comment.

Soil and Water (Mike Doxey, 252-232-3360)
Approved with correction:
   1. Stormwater retention areas must remain vacant.

Currituck County Building Inspections (Spence Castello, 252-232-6020)
Reviewed without comment.

Currituck County Sheriff (Susan Johnson, 252-453-8204)
Approved with conditions:
   1. Sheriff’s Office staff has advised that parking is an issue at this location after all
      of the vendors utilize the parking lot. This leaves vehicles and bikes parking
      alongside the road which creates a hazardous situation. Bikes and cars utilize
      the south bound shoulder and run across traffic to reach the event location.
   2. Recommend alternate parking location with possible shuttle to the store location
      or if possible, moving the vendors out of the parking area to sites around the side
      or back if property permits.


                                                                               PB 10-04 OBX HD
                                                                                           SUP
                                                                                   Page 13 of 14

                                             15
   3. The event itself has caused no issues with the exception of parking being
      minimal for the numbers attending the event. When the cars and bikes park
      along the road visibility in both directions from the parking lot is compromised.
   4. Parking on Church Road and East Mobile Road is always a problem and
      generates complaints every year. The residents have repeatedly requested that
      we block that portion of the roadway to parking.
   5. We have also had complaints from residents of not being able to leave their
      property from event traffic blocking their drives.

NC State Archeology (Lawrence Abbott, 919-807-6554)
Approved with comment:
   1. No Concerns regarding archaeological resources. An archaeological survey is
      not recommended.

Please note that comments were not received from the following:
Currituck County Economic Development (Peter Bishop, 252-232-6015)
US Army Corps of Engineers (Kyle Barnes, 910-251-4584)
NC Wildlife (Maria Dunn, 252-948-3916)
NCDENR Aquifer Protection (David May, 252-946-6481)
NCDENR Environmental Health/Onsite Wastewater (Bob Uebler, 252-948-3914)
NCDENR Environmental Management (Roger Thorpe, 252-948-3923)
NCDENR Marine Fisheries (Kevin Hart, 252-948-3985)
NCDENR Public Water (Siraj Chohan, 919-715-3235)
NCDENR Water Quality (Kim Colson 919-733-5083, Ext. 540)
NCDENR Water Quality/Surface Water Protection (Al Hodge, 252-946-6481)
Embarq, Hester Jones
Dominion Power, Troy Lindsey
Local Volunteer Fire Chief
Charter Communications, Sam Scilabba
Currituck County Schools (Bruce MacDonald, 252-232-2223)


The following items are necessary for resubmittal:
  • 3 - full size copies of revised plans.
  • 1 - 11”x17” copies of revised plans.
  • 1- PDF digital copy of all revised documents and plans.




                                                                            PB 10-04 OBX HD
                                                                                        SUP
                                                                                Page 14 of 14

                                           16
                        CASE ANALYSIS FOR THE
                           PLANNING BOARD
                     MEETING DATE: March 9, 2010
                           Special Use Permit
                PB 10-05 Corolla Jeep Rentals & Tours, Inc.


ITEM:                    SPECIAL USE PERMIT - OUTDOOR TOUR OPERATOR

LOCATION:                1070 Ocean Trail

ZONING DISTRICT:         General Business (GB) – PUD Overlay District

TAX ID:                  115B000P4B20000

OWNER:                   W.B. Meredith III
                         4804 Vista Lane
                         Kitty Hawk, NC 27949

APPLICANT:               W.B. Meredith III
                         Corolla Jeep Rentals & Tours, Inc.
                         1070 Ocean Trail
                         Corolla, NC 27927

LAND USE/ZONING OF SURROUNDING PROPERTY:
            Land Use                                            Zoning
NORTH:      Residential                                         Zoned RO1
SOUTH:      Hotel                                               Zoned GB
EAST:       Residential                                         Zoned GB
WEST:       Hotel                                               Zoned GB

LAND USE PLAN
CLASSIFICATION:          The 2006 Land Use Plan classifies the site as Full Service
                         within the Corolla sub-area.


NARRATIVE:
  1. The applicant is requesting a Special Use permit for conducting guided horse
     tours in the off-road areas of Corolla. This consists of one van seating 14
     persons, one SUV seating 7 persons and 5 Jeeps seating 5 persons each.

   2. The Board of Commissioners adopted an ordinance on September 21, 2009 that
      established outdoor tour operators as a specific land use. Subsequently, any
      business operating as a vehicular tour operator with a base operation within the
      jurisdiction of Currituck County is required to apply for a new special use permit.



                                                                                         PB 10-05
                                                                  Corolla Jeep Rentals & Tours Inc.
                                                                                Special Use Permit
                                                                                        Page 1of 7

                                            17
     3. The Special Use Permit application pertains to the property located at 1070
        Ocean Trail. Associated activities that may occur off-site are subject to the
        conditions included in the approved Permit.

     4. There are several policies in the Currituck County 2006 Land Use Plan that
        support this type of endeavor. Some are as follows:
           a. POLICY ED1: new and expanding industries and businesses should be
              especially encouraged that: 1) diversify the local economy, 2) train and
              utilize a more highly skilled labor force, and 3) are compatible with the
              environmental quality and natural amenity-based economy of Currituck
              County.
           b. POLICY HP3: Development of the tourism and educational potential of
              the area's architectural, historic and cultural resources shall be
              encouraged.

     It appears this request is consistent with the policies and objectives of the Land Use
     Plan provided care is taken to ensure the outdoor tours are conducted in an
     environmentally sustainable manner. The Planning Department is particularly
     encouraged to see a growing emphasis on eco-tourism industries that expose the
     general public to the natural resources of Currituck County.


QUESTION(S) BEFORE THE BOARD:

Special Use Permit Criteria and Staff Findings:

Special Use Permits are intended to allow the Board of Commissioners flexibility in the
administration of the UDO. Through the Special Use Permit procedure, property uses
which would otherwise be considered undesirable in certain districts can be developed
subject to Conditions of Approval to minimize any negative effects they might have on
surrounding properties.

In order to approve a Special Use Permit, certain criteria must be satisfied. The criteria
and suggested findings of fact are outlined as follows:

1.      COMPLETENESS OF THE APPLICATION
        Suggested Findings:
        a) The application is complete.

2.      COMPLIANCE WITH ORDINANCE REQUIREMENTS
        Suggested Findings:
        a) The applicant's proposal will be required to maintain compliance with all UDO
           requirements and any additional requirements of the Board of
           Commissioners.

             i. The proposed use will not materially endanger the public health or
                safety for the following reasons:
                Suggested Findings:

                                                                                            PB 10-05
                                                                    Corolla Jeep Rentals & Tours, Inc.
                                                                                  Special Use Permit
                                                                                          Page 2 of 7

                                             18
              •   The parcel has adequate on-site parking and is located in a
                  commercial area.

          ii. The proposed use will not substantially injure the value of adjoining or
              abutting property for the following reasons:
              Suggested Findings:
              • The Unified Development Ordinance indicates that outdoor tour
                 operators are a permitted land use with a Special Use Permit in a
                 General Business (GB) zoning district.

          iii. The proposed use will be in harmony with the particular neighborhood or
               area in which it is to be located.
               Suggested Findings:
               • The parcel is located in a commercial area and is therefore in
                  keeping with the character of the surrounding area.

          iv. The proposed use will be in general conformity with the Land Use Plan,
              and any other plan officially adopted by the Board of Commissioners.
              Suggested Findings:
              • The 2006 Land Use Plan classifies this site as Full Service in the
                 Corolla Subarea and the proposed use is in keeping with the policies
                 of the plan.

          v. The proposed use will not exceed the county's ability to provide
             adequate public facilities, including, but not limited to, schools, fire and
             rescue, law enforcement, and other county facilities. Applicable state
             standards and guidelines shall be followed for determining when
             applicable facilities are adequate. Such facilities must be in place or
             programmed to be in place within two years after the initial approval of
             the sketch plan. In the case of subdivision and multi-family development
             at the sketch plan/special use, preliminary plat or final plat stage, the
             Board of Commissioners may establish time limits on the number of
             lots/units available for development to assure adequate public facilities
             are available.
             Suggested Findings:
             • Approval of this request should have no impact on public facilities.

STAFF RECOMMENDATION
The proposal appears to meet the criteria for granting a Special Use Permit for the
property at 1070 Ocean Trail and staff recommends APPROVAL with the following
conditions:

   1. All tours must be guided from Memorial Day to Labor Day. Tag-a-long tours are
       permitted as long as the lead vehicle is operated by an employee of the tour
       company and subsequent vehicles are under the employee’s supervision.
   2. Tour/Rental vehicles shall be labeled with decals or paint markings that clearly
       display the company name. Label font size shall be a minimum of four inches.
   3. Tours shall comply with Chapter 3: Article II. Wild Horses, Chapter 10: Article II.
       Beaches and all other applicable provisions of the Currituck County Code of
                                                                                          PB 10-05
                                                                  Corolla Jeep Rentals & Tours, Inc.
                                                                                Special Use Permit
                                                                                        Page 3 of 7

                                           19
    Ordinances. Tours shall also operate in accordance with all State and Federal
    laws.
 4. There shall be one parking space required for every vehicle seating 1-5 persons,
    two parking spaces required for every vehicle seating 6-10 persons etc., and
    one parking space required for every two employees. If any additional activities
    or uses occur on-site, additional parking may be required per the Unified
    Development Ordinance. Currently there is adequate parking available. The
    owner has requested that parking for unoccupied units be credited to the parking
    totals for the horse tour operation.
                                                                                                     Owners Requested
                                                                              Parking Total for     Parking including all
                                                                              All Units including     current uses and
       Use                 Parking Requirement                  Quantity          vacancies         proposed horse tours
                      Tour vehicle seating 1-5 ppl = 1
                             space per vehicle                      5                 5                       5
 Retail Space #1     Tour vehicle seating 6 to 10 ppl =
Horse Tour Rentals
                       2 parking spaces per vehicle                 1                 2                       2
                      Tour vehicle seating 11-15 ppl =
                        3 parking spaces per vehicle               1                  3                       3
                     1 space/2 employees                           5                  3                       3
Retail Space #2          1parking space/200 sq. ft.            1028 sq. ft.           5                       5
Retail Space #3
     Vacant             1parking space/200 sq. ft.             1175 sq. ft.           6                       0
Retail Space #4         1parking space/200 sq. ft.              771 sq. ft.           4                       4
Office Space #1
     Vacant             1parking space/200 sq. ft.             949 sq. ft.            5                       0
Office Space #2
     Vacant             1parking space/200 sq. ft.             879 sq. ft.            4                       0
Office Space #3
     Vacant             1parking space/200 sq. ft.             630 sq. ft.            3                       0
Total Available
     Parking                        27                     TOTAL Required:           40                      22

 5. Vehicles held in reserve in the event of inclement weather or breakdowns may
    be used as long as the parking requirements and all other conditions of this
    permit are met. Reserve vehicles must be stored at an approved location.
 6. This special use permit is valid for one year from the date of approval and shall
    remain valid so long as the conditions under which it is granted are met.
 7. The Board of Commissioners may establish a maximum number of vehicles as
    part of the special use permit approval process.
 8. This special use permit shall be reviewed administratively on an annual basis
    and a report shall be filed with the Currituck County Board of Commissioners
    detailing the nature of any complaints received by the Planning Department. At
    the discretion of the Code Enforcement Officer or Board of Commissioners, the
    special use permit shall be subject to revocation or modification by the permit
    issuing authority following a public hearing.




                                                                                                               PB 10-05
                                                                                       Corolla Jeep Rentals & Tours, Inc.
                                                                                                     Special Use Permit
                                                                                                             Page 4 of 7

                                                          20
MEMORANDUM

To:    W.B. Meredith III, Corolla Jeep Rentals and Tours Inc.

From: Jennie Newbern

Date: February 12, 2010

Re:    PB 10-05 Special Use Permit – Outdoor Tour Operator



The following comments have been received for the February 17, 2010 TRC meeting. In order to
be scheduled for the March 9, 2010 Planning Board meeting, please address all comments by
3:00 p.m. on February 22, 2010. TRC comments are valid for six months from the date of the
TRC meeting.

Planning, Jennie Newbern

  1. All tours must be guided from Memorial Day to Labor Day. Tag-a-long tours are
     permitted as long as the lead vehicle is operated by an employee of the tour company
     and subsequent vehicles are under the employee’s supervision.
  2. Tour/Rental vehicles shall be labeled with decals or paint markings that clearly display
     the company name. Label font size shall be a minimum of four inches.
  3. Tours shall comply with Chapter 3: Article II. Wild Horses, Chapter 10: Article II. Beaches
     and all other applicable provisions of the Currituck County Code of Ordinances. Tours
     shall also operate in accordance with all State and Federal laws.
  4. Please provide square footage of each office space in the building as well as the current
     uses.
  5. There shall be one parking space required for every vehicle seating 1-5 persons, two
     parking spaces required for every vehicle seating 6-10 persons etc., and one parking
     space required for every two employees. If any additional activities or uses occur on-site,
     additional parking may be required per the Unified Development Ordinance. Currently it
     is unclear whether there is adequate parking.

                 Use                Parking Requirement            Vehicle Quantity      Parking Total
                              Tour vehicle seating 1-5 ppl = 1
         Horse Tour Rentals          space per vehicle                            5                      5
                              Tour vehicle seating 6 to 10 ppl =
         Horse Tour Rentals     2 parking spaces per vehicle                      1                      2
                              Tour vehicle seating 11-15 ppl =
         Horse Tour Rentals     3 parking spaces per vehicle                      1                      3
         Employees (largest
         shift)               1 space/2 employees                                 5                      3
                                                                                                              PB 10-05
                                                                                      Corolla Jeep Rentals & Tours, Inc.
                                                                                                    Special Use Permit
                                                                                                            Page 5 of 7

                                                       21
                                                         TOTAL Required:                    13


  6.  Vehicles held in reserve in the event of inclement weather or breakdowns may be used as
     long as the parking requirements and all other conditions of this permit are met. Reserve
     vehicles must be stored at an approved location.
  7. This special use permit is valid for one year from the date of approval and shall remain
     valid so long as the conditions under which it is granted are met.
  8. The Board of Commissioners may establish a maximum number of vehicles as part of the
     special use permit approval process.


Currituck Soil and Water, Mike Doxey
Reviewed - No Comment

Currituck County Engineer, Eric Weatherly
Approved –No Comments

Currituck County Utilities, Pat Irwin
No Comment

Currituck County GIS, Harry Lee
Reviewed

Currituck County Building Inspections, Spence Castello
Approved

Currituck County Parks and Recreation, Jason Weeks
Reviewed – There have been occurrences in the past in which customers have used the park to
discard personal garbage, steps should be taken to avoid this happening.

NCDOT, Roger Ward
No Comment

NC Division of Coastal Management, Charlan Owens
No Comment

NCDENR, Land Quality, Pat McClain
Reviewed- No approved plan is required

Albemarle Regional Health Services, Joe Hobbs
Reviewed – Approved as long as Business provides customer access to a public restroom facility
when needed.

Currituck County Emergency Management, James Mims
No Comment – No Comments at this time

Currituck County Economic Development, Peter Bishop
No Comment

                                                                                                   PB 10-05
                                                                           Corolla Jeep Rentals & Tours, Inc.
                                                                                         Special Use Permit
                                                                                                 Page 6 of 7

                                              22
Please note that comments were not received from the following:

Charter Communications, Sam Scilabba
Dominion Power, Troy Lindsey
US Army Corps of Engineers, Tom Steffens
Embarq, Hester Jones
NCDENR, Environmental Management, Roger Thorpe
NCDENR, Public Water, Siraj Chohan
Currituck County Sheriff, Susan Johnson
Currituck County Local Volunteer Fire Department
Currituck County Schools, Bruce MacDonald
Office of State Archaeology, Lawrence Abbott




                                                                                          PB 10-05
                                                                  Corolla Jeep Rentals & Tours, Inc.
                                                                                Special Use Permit
                                                                                        Page 7 of 7

                                            23
                         CASE ANALYSIS FOR THE
                            PLANNING BOARD
                        MEETING DATE: March 9, 2010
                             Special Use Permit
                          PB 10-06 Corolla Outback


ITEM:                    SPECIAL USE PERMIT - OUTDOOR TOUR OPERATOR

LOCATION:                1148 Ocean Trail

ZONING DISTRICT:         General Business (GB)

TAX ID:                  0114000042A0000

OWNER:                   Norris Austin
                         PO Box 175
                         Corolla, NC 27927

APPLICANT:               Jay Bender
                         Corolla Outback
                         PO Box 15
                         Corolla, NC 27927

LAND USE/ZONING OF SURROUNDING PROPERTY:
            Land Use                                            Zoning
NORTH:      General Business                                    Zoned GB
SOUTH:      General Business                                    Zoned GB
EAST:       Office                                              Zoned RO1
WEST:       General Business                                    Zoned GB

LAND USE PLAN
CLASSIFICATION:          The 2006 Land Use Plan classifies the site as Full Service
                         within the Corolla sub-area.


NARRATIVE:
  1. The applicant is requesting a Special Use permit for conducting guided horse
     tours in the off-road areas of Corolla. This consists of two 12-passenger Safari
     Trucks, one 9-passenger open suburban, four 5-passenger vehicles for tag-a-
     long tours and two 7-passenger suburbans for reserve use.

   2. The Board of Commissioners adopted an ordinance on September 21, 2009 that
      established outdoor tour operators as a specific land use. Subsequently, any
      business operating as a vehicular tour operator with a base operation within the
      jurisdiction of Currituck County is required to apply for a new special use permit.


                                                                                     PB 10-06
                                                                              Corolla Outback
                                                                            Special Use Permit
                                                                                    Page 1of 6

                                            24
     3. The Special Use Permit application pertains to the property located at 1148
        Ocean Trail. Associated activities that may occur off-site are subject to the
        conditions included in the approved Permit.

     4. There are several policies in the Currituck County 2006 Land Use Plan that
        support this type of endeavor. Some are as follows:
           a. POLICY ED1: new and expanding industries and businesses should be
              especially encouraged that: 1) diversify the local economy, 2) train and
              utilize a more highly skilled labor force, and 3) are compatible with the
              environmental quality and natural amenity-based economy of Currituck
              County.
           b. POLICY HP3: Development of the tourism and educational potential of
              the area's architectural, historic and cultural resources shall be
              encouraged.

     It appears this request is consistent with the policies and objectives of the Land Use
     Plan provided care is taken to ensure the outdoor tours are conducted in an
     environmentally sustainable manner. The Planning Department is particularly
     encouraged to see a growing emphasis on eco-tourism industries that expose the
     general public to the natural resources of Currituck County.


QUESTION(S) BEFORE THE BOARD:

Special Use Permit Criteria and Staff Findings:

Special Use Permits are intended to allow the Board of Commissioners flexibility in the
administration of the UDO. Through the Special Use Permit procedure, property uses
which would otherwise be considered undesirable in certain districts can be developed
subject to Conditions of Approval to minimize any negative effects they might have on
surrounding properties.

In order to approve a Special Use Permit, certain criteria must be satisfied. The criteria
and suggested findings of fact are outlined as follows:

1.      COMPLETENESS OF THE APPLICATION
        Suggested Findings:
        a) The application is complete.

2.      COMPLIANCE WITH ORDINANCE REQUIREMENTS
        Suggested Findings:
        a) The applicant's proposal will be required to maintain compliance with all UDO
           requirements and any additional requirements of the Board of
           Commissioners.

             i. The proposed use will not materially endanger the public health or
                safety for the following reasons:
                Suggested Findings:

                                                                                       PB 10-06
                                                                                Corolla Outback
                                                                              Special Use Permit
                                                                                      Page 2 of 6

                                             25
              •   The parcel has adequate on-site parking and is located in a well
                  established commercial area.

          ii. The proposed use will not substantially injure the value of adjoining or
              abutting property for the following reasons:
              Suggested Findings:
              • The Unified Development Ordinance indicates that outdoor tour
                 operators are a permitted land use with a Special Use Permit in a
                 General Business (GB) zoning district.

          iii. The proposed use will be in harmony with the particular neighborhood or
               area in which it is to be located.
               Suggested Findings:
               • The parcel is located in a well established commercial area and is
                  therefore in keeping with the character of the surrounding area.

          iv. The proposed use will be in general conformity with the Land Use Plan,
              and any other plan officially adopted by the Board of Commissioners.
              Suggested Findings:
              • The 2006 Land Use Plan classifies this site as Full Service in the
                 Corolla Subarea and the proposed use is in keeping with the policies
                 of the plan.

          v. The proposed use will not exceed the county's ability to provide
             adequate public facilities, including, but not limited to, schools, fire and
             rescue, law enforcement, and other county facilities. Applicable state
             standards and guidelines shall be followed for determining when
             applicable facilities are adequate. Such facilities must be in place or
             programmed to be in place within two years after the initial approval of
             the sketch plan. In the case of subdivision and multi-family development
             at the sketch plan/special use, preliminary plat or final plat stage, the
             Board of Commissioners may establish time limits on the number of
             lots/units available for development to assure adequate public facilities
             are available.
             Suggested Findings:
             • Approval of this request should have no impact on public facilities.

STAFF RECOMMENDATION
The proposal appears to meet the criteria for granting a Special Use Permit for the
property at 1148 Ocean Trail and staff recommends APPROVAL with the following
conditions:

   1. All tours must be guided from Memorial Day to Labor Day. Tag-a-long tours are
       permitted as long as the lead vehicle is operated by an employee of the tour
       company and subsequent vehicles are under the employee’s supervision.
   2. Tour/Rental vehicles shall be labeled with decals or paint markings that clearly
       display the company name. Label font size shall be a minimum of four inches.
   3. Tours shall comply with Chapter 3: Article II. Wild Horses, Chapter 10: Article II.
       Beaches and all other applicable provisions of the Currituck County Code of
                                                                                     PB 10-06
                                                                              Corolla Outback
                                                                            Special Use Permit
                                                                                    Page 3 of 6

                                           26
         Ordinances. Tours shall also operate in accordance with all State and Federal
         laws.
      4. There shall be one parking space required for every vehicle seating 1-5 persons,
         two parking spaces required for every vehicle seating 6-10 persons etc., and
         one parking space required for every two employees. If any additional activities
         or uses occur on-site, additional parking may be required per the Unified
         Development Ordinance. Currently there is adequate parking available.

                   Use               Parking Requirement            Vehicle Quantity   Parking Total
                               Tour vehicle seating 1-5 ppl = 1
          Horse Tour Rentals          space per vehicle                            4                   4
                               Tour vehicle seating 6 to 10 ppl =
          Horse Tour Rentals     2 parking spaces per vehicle                      1                   2
                               Tour vehicle seating 11-15 ppl =
          Horse Tour Rentals     3 parking spaces per vehicle                      2                   6
          Employees (largest
          shift)               1 space/2 employees                               4                  2
          Total Available:                   17                     TOTAL Required:                14

      5. Vehicles held in reserve in the event of inclement weather or breakdowns may
         be used as long as the parking requirements and all other conditions of this
         permit are met. Reserve vehicles must be stored at an approved location.
      6. This special use permit is valid for one year from the date of approval and shall
         remain valid so long as the conditions under which it is granted are met.
      7. The Board of Commissioners may establish a maximum number of vehicles as
         part of the special use permit approval process.
      8. This special use permit shall be reviewed administratively on an annual basis
         and a report shall be filed with the Currituck County Board of Commissioners
         detailing the nature of any complaints received by the Planning Department. At
         the discretion of the Code Enforcement Officer or Board of Commissioners, the
         special use permit shall be subject to revocation or modification by the permit
         issuing authority following a public hearing.



MEMORANDUM

To:      Jay Bender, Corolla Outback

From: Jennie Newbern

Date: February 12, 2010

Re:      PB 10-06 Special Use Permit – Outdoor Tour Operator



The following comments have been received for the February 17, 2010 TRC meeting. In order to
be scheduled for the March 9, 2010 Planning Board meeting, please address all comments by

                                                                                                         PB 10-06
                                                                                                  Corolla Outback
                                                                                                Special Use Permit
                                                                                                        Page 4 of 6

                                                       27
3:00 p.m. on February 22, 2010. TRC comments are valid for six months from the date of the
TRC meeting.

Planning, Jennie Newbern

  1. All tours must be guided from Memorial Day to Labor Day. Tag-a-long tours are
     permitted as long as the lead vehicle is operated by an employee of the tour company
     and subsequent vehicles are under the employee’s supervision.
  2. Tour/Rental vehicles shall be labeled with decals or paint markings that clearly display
     the company name. Label font size shall be a minimum of four inches.
  3. Tours shall comply with Chapter 3: Article II. Wild Horses, Chapter 10: Article II. Beaches
     and all other applicable provisions of the Currituck County Code of Ordinances. Tours
     shall also operate in accordance with all State and Federal laws.
  4. There shall be one parking space required for every vehicle seating 1-5 persons, two
     parking spaces required for every vehicle seating 6-10 persons etc., and one parking
     space required for every two employees. If any additional activities or uses occur on-site,
     additional parking may be required per the Unified Development Ordinance. Currently
     there is adequate parking at this location
                 Use                Parking Requirement            Vehicle Quantity   Parking Total
                              Tour vehicle seating 1-5 ppl = 1
         Horse Tour Rentals          space per vehicle                            4                   4
                              Tour vehicle seating 6 to 10 ppl =
         Horse Tour Rentals     2 parking spaces per vehicle                      1                   2
                              Tour vehicle seating 11-15 ppl =
         Horse Tour Rentals     3 parking spaces per vehicle                      2                   6
         Employees (largest
         shift)               1 space/2 employees                               4                  2
                                                                   TOTAL Required:                14


  5.  Vehicles held in reserve in the event of inclement weather or breakdowns may be used as
     long as the parking requirements and all other conditions of this permit are met. Reserve
     vehicles must be stored at an approved location.
  6. This special use permit is valid for one year from the date of approval and shall remain
     valid so long as the conditions under which it is granted are met.
  7. The Board of Commissioners may establish a maximum number of vehicles as part of the
     special use permit approval process.


Currituck Soil and Water, Mike Doxey
Approved

Currituck County Engineer, Eric Weatherly
Approved –No Comments

Currituck County GIS, Harry Lee
Reviewed

Currituck County Building Inspections, Spence Castello
No Comment

                                                                                                         PB 10-06
                                                                                                  Corolla Outback
                                                                                                Special Use Permit
                                                                                                        Page 5 of 6

                                                       28
Currituck County Parks and Recreation, Jason Weeks
Reviewed- By looking at the given plan it is unclear to me if there is a public restroom and trash
receptacle in place. We are noticing the users of this service are dumping trash at Carova
Beach Park. The business should provide that service to their clients.

NCDOT, Roger Ward
No Comment

NC Division of Coastal Management, Charlan Owens
No Comment

NCDENR, Land Quality, Pat McClain
Reviewed –No Comment

Albemarle Regional Health Services, Joe Hobbs
Reviewed - Approved as long as business provides customer access to a public restroom facility
when needed

Currituck County Emergency Management, James Mims
No Comment – No comment at this time

Currituck County Economic Development, Peter Bishop
No Comment

Please note that comments were not received from the following:

Charter Communications, Sam Scilabba
Dominion Power, Troy Lindsey
US Army Corps of Engineers, Tom Steffens
Embarq, Hester Jones
NCDENR, Environmental Management, Roger Thorpe
NCDENR, Public Water, Siraj Chohan
Currituck County Sheriff, Susan Johnson
Currituck County Local Volunteer Fire Department
Currituck County Utilities, Pat Irwin
Currituck County Schools, Bruce MacDonald
 Office of State Archaeology, Lawrence Abbott




                                                                                              PB 10-06
                                                                                       Corolla Outback
                                                                                     Special Use Permit
                                                                                             Page 6 of 6

                                                29
                       CASE ANALYSIS FOR THE
                           PLANNING BOARD
                     MEETING DATE: March 9, 2010
                           Special Use Permit
                     PB 10-07 The Inn at Corolla Light


ITEM:                  SPECIAL USE PERMIT - OUTDOOR TOUR OPERATOR

LOCATION:              1066 Ocean Trail

ZONING DISTRICT:       General Business (GB) – PUD Overlay District

TAX ID:                115B000P4B30000

OWNER:                 Colby Management Group LLC
                       1066 Ocean Trail
                       Post Office Drawer 99
                       Corolla, NC 27927

APPLICANT:             Pam Colby
                       The Inn at Corolla Light
                       1066 Ocean Trail
                       Post Office Drawer 99
                       Corolla, NC 27927


LAND USE/ZONING OF SURROUNDING PROPERTY:
            Land Use                                        Zoning
NORTH:      Residential                                     Zoned RO1
SOUTH:      General Business                                Zoned GB
EAST:       Residential                                     Zoned GB
WEST:       General Business                                Zoned GB

LAND USE PLAN
CLASSIFICATION:        The 2006 Land Use Plan classifies the site as Full Service
                       within the Corolla sub-area.


NARRATIVE:
  1. The applicant is requesting a Special Use permit for the following uses:
        • Operation of guided horse tours from two 6-passenger vehicles available
           to Inn Guests only
        • Rental of 4 kayaks and 4 jet-skis available to Inn Guests only
        • Operation of one 6-passenger boat for tours open to the public



                                                                                   PB 10-07
                                                                      The Inn at Corolla Light
                                                                         Special Use Permit
                                                                                  Page 1of 7

                                          30
     2. The Board of Commissioners adopted an ordinance on September 21, 2009 that
        established outdoor tour operators as a specific land use. Subsequently, any
        business operating as a vehicular tour operator with a base operation within the
        jurisdiction of Currituck County is required to apply for a new special use permit.

     3. The Special Use Permit application pertains to the property located at 1066
        Ocean Trail. Associated activities that may occur off-site are subject to the
        conditions included in the approved Permit.

     4. There are several policies in the Currituck County 2006 Land Use Plan that
        support this type of endeavor. Some are as follows:
           a. POLICY ED1: new and expanding industries and businesses should be
              especially encouraged that: 1) diversify the local economy, 2) train and
              utilize a more highly skilled labor force, and 3) are compatible with the
              environmental quality and natural amenity-based economy of Currituck
              County.
           b. POLICY HP3: Development of the tourism and educational potential of
              the area's architectural, historic and cultural resources shall be
              encouraged.

     It appears this request is consistent with the policies and objectives of the Land Use
     Plan provided care is taken to ensure the outdoor tours are conducted in an
     environmentally sustainable manner. The Planning Department is particularly
     encouraged to see a growing emphasis on eco-tourism industries that expose the
     general public to the natural resources of Currituck County.


QUESTION(S) BEFORE THE BOARD:

Special Use Permit Criteria and Staff Findings:

Special Use Permits are intended to allow the Board of Commissioners flexibility in the
administration of the UDO. Through the Special Use Permit procedure, property uses
which would otherwise be considered undesirable in certain districts can be developed
subject to Conditions of Approval to minimize any negative effects they might have on
surrounding properties.

In order to approve a Special Use Permit, certain criteria must be satisfied. The criteria
and suggested findings of fact are outlined as follows:

1.      COMPLETENESS OF THE APPLICATION
        Suggested Findings:
        a) The application is complete.

2.      COMPLIANCE WITH ORDINANCE REQUIREMENTS
        Suggested Findings:
        a) The applicant's proposal will be required to maintain compliance with all UDO
           requirements and any additional requirements of the Board of
           Commissioners.
                                                                                         PB 10-07
                                                                           The Inn at Corolla Light.
                                                                               Special Use Permit
                                                                                       Page 2 of 7

                                             31
           i. The proposed use will not materially endanger the public health or
              safety for the following reasons:
              Suggested Findings:
              • The parcel has adequate on-site parking and is located in a well
                 established commercial area.

           ii. The proposed use will not substantially injure the value of adjoining or
               abutting property for the following reasons:
               Suggested Findings:
               • The Unified Development Ordinance indicates that outdoor tour
                  operators are a permitted land use with a Special Use Permit in a
                  General Business (GB) zoning district.

          iii. The proposed use will be in harmony with the particular neighborhood or
               area in which it is to be located.
               Suggested Findings:
               • The parcel is located in a commercial area and is therefore in
                  keeping with the character of the surrounding area.

          iv. The proposed use will be in general conformity with the Land Use Plan,
              and any other plan officially adopted by the Board of Commissioners.
              Suggested Findings:
              • The 2006 Land Use Plan classifies this site as Full Service in the
                 Corolla Subarea and the proposed use is in keeping with the policies
                 of the plan.

           v. The proposed use will not exceed the county's ability to provide
              adequate public facilities, including, but not limited to, schools, fire and
              rescue, law enforcement, and other county facilities. Applicable state
              standards and guidelines shall be followed for determining when
              applicable facilities are adequate. Such facilities must be in place or
              programmed to be in place within two years after the initial approval of
              the sketch plan. In the case of subdivision and multi-family development
              at the sketch plan/special use, preliminary plat or final plat stage, the
              Board of Commissioners may establish time limits on the number of
              lots/units available for development to assure adequate public facilities
              are available.
              Suggested Findings:
              • Approval of this request should have no impact on public facilities.

STAFF RECOMMENDATION
The proposal appears to meet the criteria for granting a Special Use Permit for the
property at 1066 Ocean Trail and staff recommends APPROVAL for operation of horse
tours, kayak and Jet Ski rentals, and eco/sound boat tours with the following conditions:

   1. All tours must be guided from Memorial Day to Labor Day. Tag-a-long tours are
      permitted as long as the lead vehicle is operated by an employee of the tour
      company and subsequent vehicles are under the employee’s supervision.
                                                                                        PB 10-07
                                                                          The Inn at Corolla Light.
                                                                              Special Use Permit
                                                                                      Page 3 of 7

                                           32
2. Tour/Rental vehicles shall be labeled with decals or paint markings that clearly
    display the company name. Label font size shall be a minimum of four inches.
3. Tours shall comply with Chapter 3: Article II. Wild Horses, Chapter 10: Article II.
    Beaches and all other applicable provisions of the Currituck County Code of
    Ordinances. Tours shall also operate in accordance with all State and Federal
    laws.
4. There shall be one parking space required for every vehicle seating 1-5 persons,
    two parking spaces required for every vehicle seating 6-10 persons etc., and
    one parking space required for every two employees. If any additional activities
    or uses occur on-site, additional parking may be required per the Unified
    Development Ordinance. Since the owner has limited the horse tours and
    kayak and jet ski rentals to Inn Guests only, the following parking
    requirements are proposed:

             Use             Parking Requirement        Quantity        Parking Total
         Guest Rooms          1 space/bedroom                      43               43
          Employees
         (Horse Tours)      1 space/ 2 employees                   2                  1
                           1 parking space per Tour
     Horse Tour Rentals             Vehicle
     for Inn Guests Only       (Inn Guests Only)                   2                  2
     Kayaks                    Inn Guests Only                     4                  0
     Jet Skis                  Inn Guests Only                     4                  0
     Boat Tours
     (Outdoor Tours,         1 space/ 3 persons
     guided)                One 6 passenger boat                   6                  2
     Total Available
     Parking                      48 spaces           Total Required:                48

5. Vehicles held in reserve in the event of inclement weather or breakdowns may
    be used as long as the parking requirements and all other conditions of this
    permit are met. Reserve vehicles must be stored at an approved location.
6. This special use permit is valid for one year from the date of approval and shall
    remain valid so long as the conditions under which it is granted are met.
7. The Board of Commissioners may establish a maximum number of vehicles as
    part of the special use permit approval process.
8. This special use permit shall be reviewed administratively on an annual basis
    and a report shall be filed with the Currituck County Board of Commissioners
    detailing the nature of any complaints received by the Planning Department. At
    the discretion of the Code Enforcement Officer or Board of Commissioners, the
    special use permit shall be subject to revocation or modification by the permit
    issuing authority following a public hearing.
9. Guided Horse Tours are available to Inn Guests only
10. Kayak and Jet Ski rentals are available to Inn Guests only
11. Eco/Sound boat tours are available to the public
12. If additional uses are proposed for this site, a traffic impact analysis performed
    by a professional traffic engineer or licensed professional should be conducted
    for parking reduction justification and determination.



                                                                                           PB 10-07
                                                                             The Inn at Corolla Light.
                                                                                 Special Use Permit
                                                                                         Page 4 of 7

                                              33
MEMORANDUM

To:    Pam Colby, Inn at Corolla Light

From: Jennie Newbern

Date: February 12, 2010

Re:    PB 10-07 Special Use Permit – Outdoor Tour Operator



The following comments have been received for the February 17, 2010 TRC meeting. In order to
be scheduled for the March 9, 2010 Planning Board meeting, please address all comments by
3:00 p.m. on February 22, 2010. TRC comments are valid for six months from the date of the
TRC meeting.

Planning, Jennie Newbern
Resubmit

  1. Please provide a detailed summary of the uses requested for approval with this Special
     Use Permit. Include the number of vehicles that will be used for horse tours and the
     capacity of each vehicle as well as the number of employees on the largest shift for the
     horse tours. Also provide a detailed description of all proposed rental equipment; include
     the types of rentals that will be available as well as the quantity and capacity of each
     rental item; include where the rentals will be used (i.e. on-premise or off-premise).
  2. There shall be one parking space required for every vehicle seating 1-5 persons, two
     parking spaces required for every vehicle seating 6-10 persons etc., and one parking
     space required for every two employees. If any additional activities or uses occur on-site,
     additional parking may be required per the Unified Development Ordinance. Currently it
     is unclear if there is adequate parking available.

                  Use                   Parking Requirement            Quantity        Parking Total
              Guest Room                 1 space/bedroom                          41                41
           Efficiency Rooms              1 space/bedroom                           2                 2
           Hotel Employees
             (largest shift)           1 space/ 2 employees
        Horse Tour Rentals        Tour vehicle seating 1-5 ppl = 1
        (Outdoor Tours, guided)          space per vehicle
        Horse Tour Rentals        Tour vehicle seating 6 to 10 ppl =
        (Outdoor Tours, guided)     2 parking spaces per vehicle
        Horse Tour Employees
        (largest shift)                 1 space/2 employees
        Outdoor Tours/Rentals            1 space / 3 persons
                                                                                                          PB 10-07
                                                                                            The Inn at Corolla Light.
                                                                                                Special Use Permit
                                                                                                        Page 5 of 7

                                                          34
         (independent, on site use)
         Equipment Rental (off-
         site use)                    1space/200 sq. ft.
         TOTAL Available
         Spaces:                             48            TOTAL Required:


  3.   Provide the number of hotel employees on the largest shift.
  4.   Per Section 8.3 E of the UDO, up to 20% of the parking spaces may be compact spaces.
      To add additional spaces the parking area must be restriped and compact car signage
      must be installed.
  5. All tours must be guided from Memorial Day to Labor Day. Tag-a-long tours are
      permitted as long as the lead vehicle is operated by an employee of the tour company
      and subsequent vehicles are under the employee’s supervision.
  6. Vehicles held in reserve in the event of inclement weather or breakdowns may be used as
      long as the parking requirements and all other conditions of this permit are met. Reserve
      vehicles must be stored at an approved location.
  7. This special use permit is valid for one year from the date of approval and shall remain
      valid so long as the conditions under which it is granted are met.
  8. The Board of Commissioners may establish a maximum number of vehicles as part of the
      special use permit approval process.
  9. Tour/Rental vehicles shall be labeled with decals or paint markings that clearly display
      the company name. Label font size shall be a minimum of four inches.
  10. Tours shall comply with Chapter 3: Article II. Wild Horses, Chapter 10: Article II. Beaches
      and all other applicable provisions of the Currituck County Code of Ordinances. Tours
      shall also operate in accordance with all State and Federal laws.

Currituck Soil and Water, Mike Doxey
Approved

Currituck County Engineer, Eric Weatherly
Approved –No Comments

Currituck County Utilities, Pat Irwin
No Comment

Currituck County GIS, Harry Lee
Reviewed

Currituck County Building Inspections, Spence Castello
No Comment

Currituck County Parks and Recreation, Jason Weeks
Approved

NCDOT, Roger Ward
No Comment

NC Division of Coastal Management, Charlan Owens
No Comment

                                                                                             PB 10-07
                                                                               The Inn at Corolla Light.
                                                                                   Special Use Permit
                                                                                           Page 6 of 7

                                                      35
NCDENR, Land Quality, Pat McClain
Approved –An erosion and sedimentation control plan approval is required if there is one acre
of disturbance.

Albemarle Regional Health Services, Joe Hobbs
Reviewed

Currituck County Emergency Management, James Mims
Approval with corrections -No operation may impede access of emergency service and law
enforcement personnel, access to fire suppression equipment of the facility, or egress of
occupants from the facility.

Currituck County Economic Development, Peter Bishop
No Comment

Please note that comments were not received from the following:

Charter Communications, Sam Scilabba
Dominion Power, Troy Lindsey
US Army Corps of Engineers, Tom Steffens
Embarq, Hester Jones
NCDENR, Environmental Management, Roger Thorpe
NCDENR, Public Water, Siraj Chohan
Currituck County Sheriff, Susan Johnson
Currituck County Local Volunteer Fire Department
Currituck County Schools, Bruce MacDonald
Office of State Archaeology, Lawrence Abbott




                                                                                            PB 10-07
                                                                              The Inn at Corolla Light.
                                                                                  Special Use Permit
                                                                                          Page 7 of 7

                                              36
                        CASE ANALYSIS FOR THE
                           PLANNING BOARD
                     MEETING DATE: March 9, 2010
                   RMF Overlay Zoning Map Amendment:
                     PB 10-09 Heirs of Olie Ballance

TYPE OF REQUEST:      To establish a 12.8 acre RMF overlay district.

LOCATION:             Located on Bells Island Road, approximately 875 feet east of Caratoke
                      Highway.

TAX ID:               Tax Map 58, Parcel 11
                      0058-000-0011-0000

OWNER:                Heirs of Olie Ballance
                      2693 Lake Cahoon Road
                      Suffolk, VA 23434

APPLICANT:            George Midgette
                      3120 N. Croatan Highway
                      Kill Devil Hills, NC 27948

CURRENT ZONING:       Residential (R)

PROPOSED ZONING:      Residential Multi-Family Development Overlay (RMF)

ZONING CONDITIONS:    The property shall be developed in accordance with the submitted
                      conceptual plan and is subject to the following conditions:

                      1. Single access to Bells Island Road.
                      2. No residential housing in flood hazard zones.
                      3. Recreation areas will be provided.
                      4. Commercial uses shall be excluded.

ZONING HISTORY:       This property was zoned Residential on April 2, 1989.

SURROUNDING PROPERTY:
                             Land Use                           Zoning
          NORTH:             Agriculture                        R
          SOUTH:             Residential                        RA
          EAST:              Residential                        R
          WEST:              Agriculture                        R

EXISTING LAND USE:    Agriculture

PURPOSE LAND USE:     Multi-Family Development

                                                                                           PB 10-09
                                                                  Olie Balance Conditional Rezoning
                                                                                         Page 1 of 8
                                           37
LAND USE PLAN
CLASSIFICATION:   The 2006 Land Use Plan classifies the site as Full Service within the
                  Courthouse Subarea.

                  The purpose of the Full Service Area class is to provide areas preferred
                  for community centers. Areas designated as Full Service are those
                  parts of the county where a broad range of infrastructure and service
                  investments have been provided or will be made available to the public
                  and/or private sectors.      Infrastructure investments may include
                  community level or centralized water, parks, schools, fire and rescue
                  facilities.

                  Some of the areas identified for Full Service also include prime
                  farmland. In an effort to protect existing agricultural operations, efforts
                  should be made to buffer them from encroaching development through
                  the use of landscaping and conservation oriented design.

                  The policy emphasis of the Courthouse Sub-Area is to continue to grow
                  as a small community center. Residential development densities should
                  be medium to high depending upon available services. In areas where
                  on-site wastewater is proposed and other county County services are
                  limited, development density should be limited to 1-2 units per acre.
                  However in areas where central sewer is proposed or existing,
                  additional services are available and the character of the surrounding
                  areas supports it, higher density ranging from 3-4 units per acre could
                  be considered through the use of overlay zones. Care should be taken
                  to encourage quality development and the preservation of open space
                  in conjunction with development approvals.

                  The following Land Use Plan policies are also relevant to this request:

                  POLICY HN1: Currituck County shall encourage development to
                  occur at densities appropriate for the location. LOCATION AND
                  DENSITY FACTORS shall include whether the development is within
                  an environmentally suitable area, the type and capacity of sewage
                  treatment available to the site, the adequacy of transportation
                  facilities providing access to the site, and the proximity of the site to
                  existing and planned urban services.

                  POLICY PR6: All new residential development shall provide for
                  ADEQUATE OPEN SPACE AND RECREATION IMPROVEMENTS
                  including, as may be appropriate, funding in proportion to the
                  demand created by the development. The amount of open space
                  and improvements may be determined according to the number of
                  dwelling units in the development and/or by a percentage of the total
                  acreage in the development. Fees in lieu of land dedication shall be
                  based on the inflation adjusted assessed value of the development
                  or subdivision for property tax purposes.


                                                                                        PB 10-09
                                                               Olie Balance Conditional Rezoning
                                                                                      Page 2 of 8
                                       38
PUBLIC SERVICES
AND UTILITIES:       The Crawford Volunteer Fire Department provides fire protection for this
                     area. Electric, telephone, cable television, and public water are
                     available.

FLOOD ZONE:          Flood Zone X and AE 4.2.

WETLANDS:            The wetland inventory maps do not identify wetlands on the site.

SOILS:               The Currituck County Soils map indicates the property contains suitable
                     and marginally suitable soils.

COMMUNITY MEETING:   The applicant has not provided any information on the required
                     community meeting. A report of the meeting must be submitted by the
                     Planning Board date.



STAFF
RECOMMENDATION:      The Residential Multi-Family Overlay District (RMF) is designed to
                     provide for medium density residential development in close
                     proximity to major thoroughfares and commercial zones. The district
                     is intended to have insignificant impacts on surrounding single family
                     residential development.

                     Upon evaluating this application, staff recommends denial based on
                     the following reasons:

                     1. The proposed request is not in general compliance with the
                        Courthouse Sub-Area Policy Emphasis of the 2006 Land Use
                        Plan.     This Sub-Area Policy Emphasis provides for higher
                        densities (3-4 units per acre) only in areas where sewer is
                        proposed, additional services are available, and the character of
                        the surrounding area is compatible.

                     2. The proposed use and site layout does not promote compatibility
                        between the subject property and surrounding area (Policy HN1):
                           • The development density is 4.3 dwelling units per acre;
                              while residential uses in the surrounding area are mostly
                              on 0.7-1 acre lots.
                           • The proposed three story, eight unit condo buildings are
                              not compatible in scale or mass with the character of
                              surrounding single family dwellings.
                           • The development’s location lacks close proximity to
                              supporting commercial uses.



                                                                                         PB 10-09
                                                                Olie Balance Conditional Rezoning
                                                                                       Page 3 of 8
                                         39
3. The proposed development may create conflict with the adjacent
   land under active cultivation. (Policy AG4, AG6. ML1)

Outstanding Staff Concerns: The conditional zoning process
provides an opportunity for an applicant to propose use limitations or
development conditions that ensure development proposals are
consistent with the policies set forth in adopted plans. Staff believes
the following actions would make the proposed multi-family
development be more appropriate for the proposed location:

1. Reduce the overall density to be consistent with Courthouse Sub-
   Area Policy Emphasis and the surrounding area.

2. Use duplex style dwellings with a scale or mass and architectural
   features similar to a traditional single family dwelling.

3. Provide vegetative buffering between the development and
   adjacent agricultural properties.

4. Consult with the Parks and Recreation Department to determine
   appropriate recreational improvements for the development.

5. The proposed development is near identified archaeological sites
   and will require an archaeological survey, per the North Carolina
   Office of State Archaeology.




                                                                   PB 10-09
                                          Olie Balance Conditional Rezoning
                                                                 Page 4 of 8
                    40
                              PB 10-09
     Olie Balance Conditional Rezoning
                            Page 5 of 8
41
Facing East from Ed Brumsey Lane




           Southwest




                                                   7




                                                            PB 10-09
                                   Olie Balance Conditional Rezoning
                                                          Page 6 of 8
              42
East




South




                                 PB 10-09
        Olie Balance Conditional Rezoning
                               Page 7 of 8
 43
          North




View from Caratoke Highway




                                                      PB 10-09
                             Olie Balance Conditional Rezoning
                                                    Page 8 of 8
            44
                    CASE ANALYSIS FOR THE
                        PLANNING BOARD
                          March 9, 2010
                  PB 09-28 Maple Commerce Park
ITEM:             PB 09-28 Maple Commerce Park, Preliminary Plat/Special Use
                  Permit, for an 11 lot commercial subdivision.

LOCATION:         204 Airport Road, adjacent to the Currituck County Airport and
                  behind the Currituck County Cooperative Extension Building,
                  Crawford Township.

TAX ID:           0052-000-014A-0000

ZONING
DISTRICT:         Heavy Manufacturing (HM) Zoning

PRESENT USE:      Open Space/Recreation Area/County Wellfield

OWNER:            Currituck County
                  PO Box 39
                  Currituck, NC 27929

DEVELOPER:        Currituck County, Peter Bishop
                  PO Box 39
                  Currituck, NC 27929

ENGINEER:         Hyman & Robey
                  PO Box 339
                  Camden, NC 27921

LAND USE/ZONING OF SURROUNDING PROPERTY:
            Land Use                                                     Zoning
NORTH:      Farmland/Woodland/Single Family                              A/GB/RA
SOUTH       Farmland/ Woodland /Single Family                            A/GB/C/RA/HM
EAST:       Farmland/ Woodland /Single Family                            A/GB
WEST:       Woodland                                                     A/RAD Overlay

LAND USE PLAN
CLASSIFICATION:       The 2006 Land Use Plan classifies the site as Full Service
                      within the Barco-Coinjock-Airport subarea.

SIZE OF SITE:         109.68 acre subdivision, part of 530 acre tract.



                                                               PB 09-28 Maple Commerce Park
                                                                         Preliminary Plat/SUP
                                                                                 Page 1 of 11

                                        45
STREETS:            The streets will be built to NCDOT design and construction
                    standards utilizing road side swales. The developer intends to offer
                    the streets for public dedication.

UTILITIES:          The development will be served by county water. A commitment
                    letter and generalized wastewater plan has been submitted
                    confirming the county’s commitment to providing wastewater for the
                    commerce park.

OPEN SPACE:         Open space is not a requirement for commercial subdivisions.
                    However, 2.68 acres of open space are being provided.

COMMUNITY
FACILITIES:         Although not required, approximately 8,872 linear feet of
                    pedestrian/multi use trail will be provided around the perimeter of
                    the subdivision. This amenity has the ability to be used by the
                    public as well as the tenants of the commerce park.

I. NARRATIVE OF REQUEST:
     • Currituck County proposes to subdivide 109.68 acres for the development of
       an eleven (11) lot commercial subdivision adjacent to the Currituck County
       Airport.
     • A 32.32 acre residual parcel that is mostly wetland will be protected and
       ownership maintained by the County. Thirteen (13) existing wells, which are
       utilized by the county to provide water, are located in the residual tract along
       the eastern and northern borders. The county designed the subdivision to
       prevent lots and any other development within the 100’ wellhead protection
       setback. Additional requirements for a 500’ wellhead protection setback are
       included in the restrictive covenants for the subdivision.
     • The subdivision was designed in a way that minimizes clearing, allows
       stormwater to work with the natural topography, utilizes native plant species,
       and low impact development (LID) stormwater techniques.


II. OUTSTANDING TECHNICAL REVIEW COMMITTEE COMMENTS:
    Planning:
       • Provide a Traffic Analysis.
       • Indicate the surface material of the path.
       • Consider a connection for the trail along the northwest corner of the property.
          The trial dead ends into Terminal Road adjacent to lot 5 and lots 11.

County Engineer:
  • A stormwater pond downstream analysis should be provided with
     recommendations for improvements at least to the south side of Short Cut Road.
  • Make sure there are adequate drainage easements along lot lines for properly
     sloped drainage swales and maintenance needs.
                                                                  PB 09-28 Maple Commerce Park
                                                                            Preliminary Plat/SUP
                                                                                    Page 2 of 11

                                           46
III. QUESTION(S) BEFORE THE BOARD:

Special Use Permit Criteria and Staff Findings:

Special use permits (SUP) are intended to allow the Board of Commissioners flexibility
in the administration of the UDO. Through the SUP procedure, property uses which
would otherwise be considered undesirable in certain districts can be developed subject
to conditions of approval to minimize any negative effects they might have on
surrounding properties.

In order to approve an SUP, certain criteria must be satisfied.          The criteria and
suggested findings of fact are outlined as follows:

1. Completeness of application.
   Suggested Findings:
   a. The application is complete.

2. The proposed use is among those listed in the Table of Permissible Uses as a
   special use indicated with an “S”.
   Suggested Findings:
   a. Section 10.3 of the UDO requires that all major subdivisions obtain a special use
      permit at the time of preliminary plat.

3. The conditions proposed meet or exceed the minimum requirements of this
   ordinance.
   Suggested Findings:
   a. The conditions proposed meet and exceed the minimum requirements of this
      ordinance.

4. The special use will not endanger the public health or safety:
   Suggested Findings:
   a. The proposed subdivision should have little to no impact on public health or
      safety.

5. The special use will not injure the value of adjoining or abutting property and will be
   in harmony with the area in which it is located
   Suggested Findings:
   a. The proposed subdivision is adjacent to the airport and is zoned Heavy
       Manufacturing (HM). The proposed development is consistent with the vision in
       the 2006 Land Use Plan as well as the Maple-Barco Small Area Plan.




                                                                   PB 09-28 Maple Commerce Park
                                                                             Preliminary Plat/SUP
                                                                                     Page 3 of 11

                                            47
6. The special use will be in conformity with the Land Use Plan or other officially
   adopted plan.
   Suggested Findings:
   a. The 2006 Land Use Plan classifies this site as Full Service within the Barco-
      Coinjock-Airport subarea. The proposed development is consistent with both the
      Land Use Plan and Subarea classifications.

      The sub area policy emphasis for the Barco/Coinjock/Airport area envisions this
      area emerging as the principal community center serving the central mainland.

   b. The proposed use is in keeping with the policies of the Land Use Plan, some of
      which are:
         • POLICY ED1: NEW AND EXPANDING INDUSTRIES AND BUSINESSES
            should be especially encouraged that: 1) diversify the local economy, 2)
            train and utilize a more highly skilled labor force, and (3) are compatible
            with the environmental quality and natural amenity-based economy of
            Currituck County.

         •   POLICY ED2: CAPITAL EXPENDITURES for the purpose of economic
             development shall be targeted toward areas that are most suited for
             development. Targeted areas should include raw land as well as the
             revitalization and reuse of currently unused or underutilized structures,
             sites and infrastructure. Targeted areas primarily include those located
             within the Full Service Areas identified on the Future Land Use Map and to
             a lesser extent those included in the Limited Service Areas.

   c. This development is located within and consistent with the Employment
      Classification of the Maple-Barco Small Area Plan.    Areas designated as
      employment are anticipated for land uses that will generate economic activity or
      job growth. This includes uses such as offices, technology research and
      development, aviation related industries, and environmentally friendly
      manufacturing and industrial uses such as assembly, wholesaling, and
      distribution. Areas designated as employment should be encouraged to develop
      in mixed use or campus like settings with generous, linked open space to
      maximize value, promote visual quality, and encourage pedestrian activity
      between employment areas and areas of supporting uses such as retail,
      restaurants, and residential.

   d. The proposed use is in keeping with the policies of the Maple-Barco Small Area
      Plan, some of which are:
         • ED4: To encourage economic development and job creation, pursue
             expansion projects consistent with those outlined in the Airport Master
             Plan including: runway expansion, parallel taxiway, instrument approach,
             construction of new passenger terminal facility, and additional commercial
             hanger space.


                                                                 PB 09-28 Maple Commerce Park
                                                                           Preliminary Plat/SUP
                                                                                   Page 4 of 11

                                          48
          •   ED1: Actively promote and establish aviation related businesses in the
              Maple Commerce Park and Currituck Airport.

7. The special use will not exceed the county's ability to provide adequate public
   facilities, including, but not limited to, schools, fire and rescue, law enforcement, and
   other county facilities. Applicable state standards and guidelines shall be followed
   for determining when public facilities are adequate. Such facilities must be in place
   or programmed to be in place within two years after the initial approval of the plan
   (sketch plan in the case of major subdivisions).
   Suggested Findings:
   a. The county has adequate public facilities to service this subdivision.

IV. STAFF RECOMMENDATION:
The submittal appears to meet all of the requirements for preliminary plat/SUP, and
staff recommends approval of this plat/SUP subject to the findings of fact and the
following conditions:

1. A traffic analysis should be conducted prior to final plat approval.
2. Indicate the surface material of the path.
3. Reflect a connection for the path along the northwest corner of the property. The
   trial dead ends into Terminal Road adjacent to lot 5 and lots 11.
4. A stormwater pond downstream analysis should be provided with recommendations
   for improvements to the south side of Short Cut Road.
5. Make sure there are adequate drainage easements along all lot lines for properly
   sloped drainage swales and maintenance needs.
6. For so long as the wells within the Maple Commerce Park exist for public water
   resources, the following conditions shall apply:
   • In no case shall hazardous materials or other deleterious substances be stored,
       handled, treated, used, produced, recycled, or disposed of in a way that would
       pose a significant groundwater hazard within the Maple Commerce Park.
   • Land uses or activities for the designated lots that pose a significant hazard to
       the County’s groundwater resources resulting from storing, handling, treating,
       using, producing, recycling or disposing of hazardous materials or other
       deleterious substances shall be prohibited within the 500’ wellhead protection
       area shown on         the preliminary plat. These land uses and activities include,
       but are not limited to:
              (a) On-site community sewage disposal systems.
              (b) Hazardous liquid pipelines.
              (c) Solid waste landfills.
              (d) Solid waste transfer stations.
              (e) Liquid petroleum refining, reprocessing and storage.
              (f) Bulk storage facilities for petroleum products and chemicals.
              (g) The storage or distribution of gasoline.
              (h) Hazardous waste treatment, storage and disposal facilities.



                                                                    PB 09-28 Maple Commerce Park
                                                                              Preliminary Plat/SUP
                                                                                      Page 5 of 11

                                            49
                (i) Chemical manufacturing, including but not limited to organic and
                inorganic chemicals, plastics and resins, pharmaceuticals, cleaning
                compounds, paints and lacquers, and agricultural chemicals.
                (j) Dry cleaning establishments using the solvent perchloroethylene.
                (k) Primary and secondary metal industries that manufacture, produce,
                smelt or refine ferrous and non-ferrous metals from molten materials.
                (l) Wood preserving and wood products preserving.
                (m) Mobile fleet fueling operations.
                (n) Other uses and activities determined by the County Manager or
                designee to pose a significant groundwater hazard to the County Mainland
                groundwater supply.
7. The required improvements shall be installed and accepted prior to submission of
    final plat approval for each phase.
8. In accordance with the UDO, the applicant shall create a sewer district for the
    proposed development.
9. Low impact development techniques should be integrated in the project to manage
    treatment of stormwater. (WQ3, WQ6, WQ7)
10. Internal pedestrian circulation shall be required for all commercial areas through the
    use of clearly defined walkways. (CD8, CD9)
11. Landscape islands shall be incorporated into parking areas. (LUP CD7, CD8, CA3)




                                                                   PB 09-28 Maple Commerce Park
                                                                             Preliminary Plat/SUP
                                                                                     Page 6 of 11

                                            50
     PB 09-28 Maple Commerce Park
               Preliminary Plat/SUP
                       Page 7 of 11

51
     PB 09-28 Maple Commerce Park
               Preliminary Plat/SUP
                       Page 8 of 11

52
TRC Comments


MEMORANDUM

To:    Sean Robey, Hyman & Robey Engineers
       Peter Bishop, Economic Development Director
       Dan Scanlon, County Manger

From: Holly White, Senior Planner

Date: February 11, 2010

Re:    Maple Commerce Park- Preliminary Plat TRC Comments



A preliminary plat for the Currituck County Maple Commerce Park was submitted on
February 1, 2010. The County staff has reviewed the preliminary plat and has the
following comments:

Planning, Holly White: Approval with Corrections

   •   Provide a Traffic Analysis
   •   Reflect sight triangles at each intersection within the subdivision.
   •   Reflect the proposed location of the path.
   •   Provide waste water system connection details.

       Staff Comments to consider:
          ◊ UDO Section 5.8.3: Existing vegetation along the street rights of way
              could meet the requirements for street trees if the vegetation is retained.
              If existing vegetation will be used to satisfy the street tree requirement,
              then legal documentation must be provided to ensure trees are retained in
              perpetuity. If street trees are planted, consider installing native, drought
              tolerant trees.


Soil and Water, Mike Doxey: Approved

       The plants pickerel weed and bur reed are the only two plants that grow in prolific
       numbers locally to be dug up in the wild and replanted here. All the other plants
       will have to be purchased at $1 to $3.00 dollars per plant. We can place them on
       3 foot centers so the math is easy to figure out total cost. We have an abundant
       supply of spadderdock that grows locally that we can dig up and plant.

                                                                     PB 09-28 Maple Commerce Park
                                                                               Preliminary Plat/SUP
                                                                                       Page 9 of 11

                                             53
County Engineer, Eric Weatherly: Approved with Corrections
  1. Do not let the stormwater pond outlets cross within the well head 100’ protected
     radius zone
  2. Suggest locating the fire hydrants on property lines.
  3. Do not allow Lot 8 to encroach on the well head 100’ protected radius zone.
  4. The restrictive covenants are to be amended to reflect the changes in the lot
     layout and which have lots have restrictions due to being in the well head 500’
     protected radius zone.
  5. Indicate the plans for sewer.
  6. A stormwater pond downstream analysis should be provided with
     recommendations for improvements at least to the south side of Short Cut Road.
  7. Make sure there are adequate drainage easements along lot lines for properly
     sloped drainage swales and maintenance needs.

Utilities, Pat Irwin/Leland Gibbs: Approved with Corrections
    1. Move the hydrant assembly from lot 8 to the cul de sac on the south side of
        Terminal drive so it can be utilized as a line blow off. Remove the 10” valve from
        lot 8.
    2. Move the hydrant from lot 2 and place it on lot 6 so it is on the same side of the
        road as the water main.

Fire Marshal, James Mims: Approved

Parks & Recreation, Jason Weeks: Approved

GIS, Harry Lee: Approved
Because of the size of the proposed lots, addresses will not be assigned by GIS during
the subdivision process. Lot addresses will be assigned when a site/lot specific
development plan is submitted.

Each lot will be assigned a unique Parcel ID number after the final plat is recorded.
Street names have been approved.

Spence Castello, Chief Building Inspector: Approved

Albemarle Regional Health Services, Joe Hobbs: Reviewed
Consult with NC Division of Water Quality (Washington Regional Office) 252.946.6481)
concerning large water treatment plant approval for this proposed subdivision. Please
send a copy of the approved wastewater treatment plant plans to the Health
Department for review and knowledge.

NC Division of Coastal Management, Charlan Owens: No Comment


                                                                   PB 09-28 Maple Commerce Park
                                                                             Preliminary Plat/SUP
                                                                                    Page 10 of 11

                                            54
NCDOT, Roger Ward: Reviewed

Land Quality, Pat McClain: Approved
An erosion and sedimentation control plan is required.

State Archeology, Lawrence Abbott: No Comment
   • No previously recorded archaeological sites noted in the project area. An
      archaeological survey is not recommended.

Please note that comments were not received from the following:
Peter Bishop, Economic Development Director
Susan Johnson, Sheriff
Siraj Chohan, NCDENR Public Water
Kim Colson, NCDENR Water Quality
Troy Lindsey, Dominion Power
Mary Beth Newns, Emergency Management
Roger Thorpe, NCDENR Environmental Management
Sam Scilabba, Charter Communications
Chris Daily, Crawford Volunteer Fire Department
Kim Ferrell, Agricultural Advisory Board Staff
Tom Steffens, Army Corps
Roger Lambertson, Airport
Bruce MacDonald, Currituck County Schools
Paul Jones, Centurylink




                                                           PB 09-28 Maple Commerce Park
                                                                     Preliminary Plat/SUP
                                                                            Page 11 of 11

                                           55
56
                                                                         Currituck County
                                                                            Department of Planning
                                                                                 Post Office Box 70
                                                                    Currituck, North Carolina 27929
                                                                                      252-232-3055
                                                                                 FAX 252-232-3026

MEMORANDUM

To:       Planning Board

From:     Planning Staff

Date:     February 25, 2010

Re:       PB 10-10 Currituck County Chamber of Commerce – Text Amendment



The enclosed text amendment to the Outer Banks Sign Ordinance, submitted by the
Currituck County Chamber of Commerce, proposes to allow the display of sandwich board
and real estate signs in Corolla year round. Sandwich board signs are currently defined as
temporary commercial signage allowed from October to May. During the off-season, each
business unit within a shopping center or commercial area is permitted to have one sandwich
board sign, not to exceed six square feet. Real estate signs are currently allowed in front of
real estate offices or other businesses from October to May. These signs are limited to six
square feet in size and display a message such as “Open House”, “Agent on Duty”, or
“Open”.

The Chamber is requesting to allow the above described signs year round as a temporary
solution to assist the business community during difficult economic times. In their application
the Chamber also proposes to explore a more permanent, long-term option as part of the
UDO rewrite to assist businesses with visibility issues.

Planning staff is sympathetic to the difficult economic times that exist for the business
community; however, increasing the amount of temporary signage allowed along NC12 is not
consistent with the policy objectives of the 2006 Land Use Plan (Policies CA4, CD9). An
increase in temporary signage during the summer season, particularly sandwich boards, may
exacerbate public safety issues and create a cluttered roadside that is not consistent with the
aesthetic qualities that distinguish the Currituck Outer Banks.

The current Outer Banks Sign Ordinance was adopted on July 16, 2007. This ordinance was
prepared by Corolla citizens and members of the business community and represented a
compromise at the time of adoption. As with any ordinance or planning document, evaluation
and periodic updates are necessary. Staff feels revisions to the commercial signage
regulations are more appropriate in a broader context and recommends denial of this request
as presented.

Should you have any questions, do not hesitate to contact Ben Woody at 232-3055.


                                              57
                            PB 10-10 Chamber of Commerce
                             Outer Banks Sign Ordinance
                             UDO AMENDMENT REQUEST

An amendment to Chapter 4: Overlay Districts to amend the Outer Banks Sign Ordinance to
allow the display of sandwich board and real estate signs year round.

BE IT ORDAINED by the Board of Commissioners of the County of Currituck, North Carolina
that the Unified Development Ordinance of the County of Currituck be amended as follows:


Item 1: That Chapter 4: Overlay Districts, Section 4.7.4.7 is amended by deleting the
strikethrough language and adding the following underlined language:

4.7.4.7 Signs Permitted in All Zoning Districts Without a Sign Permit

M.   Temporary Sign (Sandwich/Tent Signs).          Each business unit within a Shopping
     Center, Commercial Area, or Out-Parcel may have one Temporary On-Premise Sign,
     not to exceed two feet in width by three feet in height (measured from natural grade).
     The sign may be double sided. Such signs are further restricted by the following:

     1. The sign shall rest on the ground without legs or other means of support;

     2. The sign shall be displayed only if the unit is open for business. The sign may be
        displayed one day before the store is open for business, and does not have to be
        removed daily if the store remains open on consecutive days. If the store is closed
        for two or more consecutive days the sign must be removed until the store is again
        open;

     3. The sign shall have a professional appearance and shall not contain reflective
        lettering;

     4. The sign is permitted along NC12 and private or public roads only from October 1 to
        May 1. The October to May restriction applies only to signs visible from NC12. The
        placement of these signs within a shopping center is controlled by shopping center
        rules and may be allowed year around;

     5. The sign must be on the property where the business is located and shall not
        reference additional locations of the business; and,

     6. The sign shall be placed outside the site triangle at driveways so as not to block
        views, and shall not be lighted.

N.   Real Esta te “Open House”, “Agent on Duty” and “Open” signs are allowed
     along NC12, or other public right-of-way in front of Real Estate Offices or other
     Businesses only from October 1 to May 1. Such signs shall not exceed two feet in
     width by three feet in height (measured from natural grade). The business must be
                                                                      PB 10-10 Chamber of Commerce
                                                                          Outer Banks Sign Ordinance
                                                                                          Page 2 of 3

                                             58
      open and the temporary sign must be on the property where the business is located.
      The sign shall be placed outside the site triangle at driveways so as not to block views,
      and shall not be lighted.


Item 2: The provisions of this Ordinance are severable and if any of its provisions or any
sentence, clause, or paragraph or the application thereof to any person or circumstance shall
be held unconstitutional or violative of the Laws of the State of North Carolina by any court of
competent jurisdiction, the decision of such court shall not affect or impair any of the
remaining provisions which can be given effect without the invalid provision or application.


Item 3: This ordinance amendment shall be in effect from and after the                        day           of
                    , 200 .



Board of Commissioners’ Chairman
Attest:



Gwen H. Keene
Clerk to the Board


DATE ADOPTED:
MOTION TO ADOPT BY COMMISSIONER:
SECONDED BY COMMISSIONER:
        VOTE:          AYES            NAYS
***********************************************************************************************
PLANNING BOARD DATE:
PLANNING BOARD RECOMMENDATION:
        VOTE:          AYES            NAYS
ADVERTISEMENT DATE OF PUBLIC HEARING:
BOARD OF COMMISSIONERS PUBLIC HEARING:
BOARD OF COMMISSIONERS ACTION:
POSTED IN UNIFIED DEVELOPMENT ORDINANCE:
AMENDMENT NUMBER:




                                                                                PB 10-10 Chamber of Commerce
                                                                                    Outer Banks Sign Ordinance
                                                                                                    Page 3 of 3

                                                    59
                                                                     Currituck County
                                                                        Department of Planning
                                                                             Post Office Box 70
                                                                Currituck, North Carolina 27929
                                                                                  252-232-3055
                                                                             FAX 252-232-3026

MEMORANDUM

To:      Planning Board

From:    Planning Staff

Date:    February 26, 2010

Re:      PB 10-12 Currituck County – Roadside Markets Text Amendment



The attached text amendment to the Unified Development Ordinance clarifies how Roadside
Markets are defined and regulated in Currituck County. The amendment request establishes
a revised definition of Roadside Markets and Farmers Markets, and clarifies the signage
exemption that applies to Roadside Markets.

At the direction of the Board of Commissioners staff conducted several meetings with the
operators of local Roadside Markets to address the above mentioned concerns. A work
session was also held with the Planning Board to draft the amendment language included in
this request.

The outcome of the meetings was to establish separate definitions for Roadside Markets and
Farmer Markets; close a loophole in the definition of Market by requiring that a minimum
amount of agricultural and aquaculture products be sold; clarify that exempt signage be
limited to the advertisement of agricultural and aquaculture products; and recognize the
cultural heritage of agriculture products and local markets in Currituck County.

Attached also find a copy of the meeting minutes from the Planning Board work session held
on January 28, 2010. Should you have any questions, do not hesitate to contact Ben Woody
at 232-3055.




                                            60
                                   PB 10-12 Currituck County
                                      Roadside Markets
                                  UDO AMENDMENT REQUEST

An amendment to Chapter 2: Zoning Districts, Chapter: 7 Signs, and Chapter 17: Definitions
to establish a definition of Roadside Markets and clarify the signage exemption.

BE IT ORDAINED by the Board of Commissioners of the County of Currituck, North Carolina
that the Unified Development Ordinance of the County of Currituck be amended as follows:


Item 1: That Chapter 2: Zoning Districts, Section 2.5 Permitted Uses Table is amended by
adding the following underlined language:

Section 2.5 Permitted Uses Table

Use                    LUC                        Zoning Districts                       Special
Office & Service              A    RA   R   RO1   RO2 RR GB C        LBH   LM   HM     Requirements
Roadside, Farmer, or
                        III   C                             Z   Z     Z    Z     Z
Craft Markets



Item 2: That Chapter 7: Signs, Section 7.6 is amended by deleting the strikethrough
language, adding the following underlined language and renumbering accordingly:

Section 7.6 Temporary, Off-Premise Signs

A.   The following temporary off-premise signs are permitted without a sign permit or the
     payment of fees:

       3.   Temporary Off-premise signs advertising the existence of:

              a.   An approved roadside stand market selling fruits or vegetables.

              b.   A farm or tract upon which are grown fruits or vegetables that may be
                   picked or gathered by the purchaser.

              c.   Produce, seafood, or related agricultural products offered for sale at an
                   approved roadside market.

              d.   No sign may exceed 32 square feet in surface area and must be well
                   maintained. Such signs may not be erected more than 30 days before the
                   seasonal opening of such enterprise and shall be removed no later than 30
                   days after the enterprise closes for the season.




                                                                                PB 10-12 Currituck County
                                                                                       Roadside Markets
                                                                                               Page 2 of 7

                                                  61
Item 3: That Chapter 17: Definitions is amended by deleting the strikethrough language,
adding the underlined language and reordering in alphabetical order the following definitions:

Farmers or Craft Market

An open air market where individual vendors offer for sale to the public for the sale of
agricultural and aquaculture products or hand made goods. The products or goods offered
for sale are generally produced by the individual vendors.

Roadside Market

A building or open air market used for the seasonal retail sale of agricultural and aquaculture
products. A minimum 75 percent of floor space shall be devoted to selling produce, seafood,
or related agricultural products.


Item 4: The provisions of this Ordinance are severable and if any of its provisions or any
sentence, clause, or paragraph or the application thereof to any person or circumstance shall
be held unconstitutional or violative of the Laws of the State of North Carolina by any court of
competent jurisdiction, the decision of such court shall not affect or impair any of the
remaining provisions which can be given effect without the invalid provision or application.


Item 5: This ordinance amendment shall be in effect from and after the                         day           of
                    , 200 .



Board of Commissioners’ Chairman
Attest:



Gwen H. Keene
Clerk to the Board


DATE ADOPTED:
MOTION TO ADOPT BY COMMISSIONER:
SECONDED BY COMMISSIONER:
        VOTE:          AYES            NAYS
***********************************************************************************************
PLANNING BOARD DATE:
PLANNING BOARD RECOMMENDATION:
        VOTE:          AYES            NAYS
ADVERTISEMENT DATE OF PUBLIC HEARING:
BOARD OF COMMISSIONERS PUBLIC HEARING:
                                                                                      PB 10-12 Currituck County
                                                                                             Roadside Markets
                                                                                                     Page 3 of 7

                                                    62
BOARD OF COMMISSIONERS ACTION:
POSTED IN UNIFIED DEVELOPMENT ORDINANCE:
AMENDMENT NUMBER:




                                           PB 10-12 Currituck County
                                                  Roadside Markets
                                                          Page 4 of 7

                                 63
                                    Farmers Market Meeting
                                January 28, 2010, 4:00-5:00 p.m.
                               Historic Building Conference Room
Attendance:                                             Planning Board Members:
W. Harvey Roberts, Roberts Ridge Farm Market            Forrest Midgette
Joseph Howington, Tarheel Produce                       Manly West
EddiJo Powell, Powells Roadside Markets, Inc.           Jim Clark
William Powell, Powells Roadside Markets, Inc.          Joe Kovacs
Paul Rose, Rose Produce & Seafood Market                Fannie Newbern
Ben Woody, Currituck County Planning Director           William Etheridge
Stacey Smith, Code Enforcement Officer

Mr. Woody stated the goal today is to agree upon the definition of a farmers market and any
exemptions that accompany a farmers market. Mr. Woody read the following definition for a
farmers market, “An open air market or road side stand for the seasonal retail sale of
agricultural and aquaculture products. A minimum of 75 percent of floor space shall be
devoted to selling produce, seafood, or related agricultural products.”

The group discussed other products sold other than produce which is baked goods, fudge,
fireworks, and beach ware.

Mr. Roberts stated he sells his sweet corn on a cotton trailer which is portable.

The group discussed the difference between a farmers market and road side market.

Mr. Woody asked the group if they would like to do away with calling it a farmers market and
call it an open air road side market.

Mr. West stated a farmers market and road side market should be defined.

Mr. Woody stated that if the county received a complaint about someone running a road side
market they would have guidelines that require 75 percent of floor space devoted to selling
produce, seafood, or related agricultural products.

The group talked about fruit stands that pop up on the weekends and if they have to be
approved by the Planning Board.

Ms. Smith stated they have to have permission from the property owner and they have to
remove their goods at the end of the day.

The group agreed to go with the following definition, “Roadside Market: A building or open air
market used for the seasonal retail sale of agricultural and aquaculture products. A minimum
of 75 percent of floor space shall be devoted to selling produce, seafood, or related
agricultural products.”

Mr. Woody stated staff will prepare a separate definition for farmers market.

Signage:
                                                                                PB 10-12 Currituck County
                                                                                       Roadside Markets
                                                                                               Page 5 of 7

                                                 64
Mr. Clark asked if they are just looking at signage for road side markets.

Mr. Woody stated yes.

Mr. Midgette stated with the way the economy is he feels there should be no change made
on signage.

Mr. West agrees with Mr. Midgette.

Ms. Powell asked that the existing road side markets be grandfather.

The group discussed the current language for Farmer Markets Signage Exemption. They
discussed temporary off-premise and on-premise signage and signs being removed within 30
days of the seasonal opening and closing vs. 15 days. The group stated that signage needs
to be neat and well kept.

Mr. Kovacs asked what if a new business wants to come in as a road side market; would they
be grandfathered in with the existing markets.

Mr. Woody stated it could be written either way, depending on if the recommendation was to
grandfather the existing markets or to leave it open ended.

Mr. Kovacs stated to grandfather the existing markets, but put a limit of the number on signs
for new markets.

Mr. West stated he would like it so new markets can be on the same playing field as the
existing markets.

The group recommended the following:

Farmer Markets Open Air Roadside Markets Signage Exemption
     Ø Temporary off-premise signs advertising the existence of:
        • An approved roadside stand market selling fruits or vegetables.
        • A farm or tract upon which are grown fruits or vegetables that may be picked or
          gathered by the purchaser.
        • Produce, seafood, or related agricultural products offered for sale at an
           approved roadside market.
        • No sign may exceed 32 square feet in surface area and must be well
           maintained. Signs must be erected and removed within 30 days of the seasonal
           and closing.

Mr. Woody stated that from the standpoint of enforcement of signage the reason the road
side markets get an exemption is because they relate to the culture and heritage of Currituck
County; then should the signage stay true to this and only advertise produce, seafood or
agricultural products.


                                                                             PB 10-12 Currituck County
                                                                                    Roadside Markets
                                                                                            Page 6 of 7

                                               65
The group recommended that sign contents be limited to the 75 percent of floor space
devoted to produce, seafood, or related agricultural products.




                                                                    PB 10-12 Currituck County
                                                                           Roadside Markets
                                                                                   Page 7 of 7

                                         66

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:8
posted:7/27/2011
language:English
pages:66